(January 6, 1999 the State Intellectual Property Office issued)
General Provisions
First of
To effectively investigate acts of piracy and safeguarding the socialist market economic order, according to the Patent Law and its implementing rules and relevant laws and regulations, formulate provisions.
The second of the
The provisions of the alleged piracy acts means any unit or individual for purposes of production of generic products off as a patented product or pretending to be generic methods of patents, including the following :
1, manufacture or sell marked patent labeled generic products;
2, the franchise was revoked or declared void, manufacture or sell marked patent labeled products;
3, the expiration or termination of the franchise, or sell to create a standard patent labeled products;
4 to 1 to 3 of this article referred to the perpetrators or provide printed patent markings;
5, forgery or alteration of patent certificates or other documents patent, patent application documents;
6, known as the generic technology patented technology with others made patent licensing contracts;
Seven of the advertisement will be called the generic technology of the patented technology;
Eight other products will be generic or bogus patents to generic products off as a patented method of behavior.
Article III
The expiration or termination of the franchise after the sale of the franchise to the expiry or termination of the legal manufacture marked patent marking of products, patents are not pretending to act.
Article IV
Local governments set up the patent agency responsible for the management of the administrative area of piracy conduct oversight and investigation.
Two more patent management for pretending patent authorities have jurisdiction over acts from the first file patent management agency responsible for investigation, or by the relevant patent authorities consultations joint investigation.
According to the rules and regulations with administrations of industry and commerce and other departments have jointly investigated the bogus patents, patent administration departments can be in the joint investigation.
Article 5
Patent authorities investigate bogus patents, to be open, fair, timely processing.
The second chapter investigate acts of piracy officers
Article VI
Patent agency should set up specialized agencies or allied investigate acts of piracy, responsible for overseeing and investigating acts of piracy and those reported by the masses.
Article 7
Pretending to investigate acts of patent holders should staff the State Intellectual Property Office issued a "patent enforcement certification authorities."
Pretending to investigate acts of patent enforcement officers should produce a "patent enforcement certification authorities."
Article 8
Patent authorities can establish investigate acts of piracy social supervision network, hired for the unit or individual supervision within the system or local piracy in the region, and to provide monitoring information.
9
Patent authorities to the reports and exposure, and providing information to assist the investigation meritorious acts of piracy or the unit or individual can give incentives and be confidential.
The third chapter on file and investigate
10
Patent authorities found their supervision and inspection reports found or acceptance of the provisions relating to the second of the listed acts of piracy and must be promptly file, and designated holders of "patent enforcement certification authorities" of the contractor.
11
Contractor personnel investigated one of the following conditions should be avoided themselves, the parties also have the right to apply for their evasive :
One of the parties in this case, agents or clients, agents close relatives;
Two, and have interests in the case;
Three, there are other parties in this case could affect relations impartial investigation.
Article 12
Investigation officers investigating bogus contractors patent act, may exercise the following powers and functions :
One, asked the parties and witnesses;
Second, we can use the evidence of the sampling methods to collect evidence; The evidence may be difficult after the loss or the circumstances, the patent administration approval of the responsible person can be registered in advance preserved, and should be in seven days to make timely decisions;
3, checks and bogus patents related items, when necessary, can be sealed;
4, surveys and bogus patents relating to the conduct of activities;
5, inspection, copying and piracy acts of the contract, account books and other materials.
Investigate the contractor in terms of the exercise listed in the preceding article, the parties should be assisted, and may not refuse.
Article 13
Asked parties or witnesses should be written down. Transcripts should ask the parties or witnesses pay check, transcripts if errors, omissions, or will be allowed to make corrections or additional witnesses, correctly, by the parties or witnesses in the transcript signatures or seals.
The parties refused to sign or seal, it should be in the transcript.
14
Investigate the contractor in the investigation and verification of evidence material to the unit or individual access to the case files, information and original documents, the relevant units or individuals should provide factual materials, assisted in the investigation, should be required to issue certificates.
Article 15
Contractors investigated in the inquiry parties, witnesses or trips to investigate cases, not less than two persons. Investigate contractors and related units and individuals should be confidential material evidence of confidentiality obligations.
Article 16
Patents need to entrust the management of other agencies to help to investigate and collect evidence, it should be made clear to the requirements of the project. Entrusted to the patent agency should be handled seriously and timely response.
17
Patent authorities made the decision before the Administrative Punishment, this should make the decision of administrative penalty facts, reason and basis, and inform the parties to the rights enjoyed.
Article 18
Party representation and the right to defense, the right parties, the facts, reason and evidence, patent agency should review, the establishment should be adopted.
Patent authorities by the parties to plead not heavier administrative penalties.
Article 19
Patent authorities will make a greater amount of the fine before an administrative penalty, it should be required to inform the parties have the right to hold a hearing.
Hearing the request of the parties concerned, it should be in this patent authorities three days after the hearing to submit written requests, the overdue as abandoned hearing.
20
Upon investigation, the acts of piracy are clear facts and conclusive evidence, the investigation by the contractor to write a written decision punishment cases.
Acts of piracy decided the punishment should include the following :
One, a party's name or names, addresses, legal representatives or agents, the names, positions;
Two identified piracy acts facts, the evidence and applicable laws, regulations basis;
Three penalties;
4, decided against punishment instituted administrative proceedings of the deadline.
Acts of piracy penalties written decision by the patent authorities and the approval of the responsible person with official seals to the parties after.
Acts of piracy penalties may submit written decision shall enter into force.
Article 21.
Upon investigation, found no acts of piracy or no facts to obtain the necessary evidence, the agency responsible for patent management review were approved, the case will be withdrawn.
The fourth chapter legal responsibility
Article 22.
Posing as a patent right of a unit or individual from patent authorities to order a stop pretending patent, the removal and sealed off as a patented or collection of signs and markings left off as a patented product, depending on the seriousness of the case and sentenced to 1,000-50,000 yuan or illicitly acquired for one to three times the fine .
Constitute a crime handed over to the judiciary, to be held criminally responsible.
Article 23
Patent deliberately pretending to provide warehousing, transportation, concealment of such facilities, mutatis mutandis, the provisions of Article 22 will be punished.
Article 24
Parties are one of the following cases, it should be given light or reduced administrative punishment :
An initiative to eliminate or mitigate acts of piracy against the consequences;
Two, with patent authorities investigate acts of piracy has performed meritorious service;
Three other law should be given a lesser administrative punishment.
Article 25
Piracy acts of evil against serious consequences and the need to give harsh punishment, the authority responsible for patent management shall collectively discussed and decided.
Article 26
Rebels pretending to patent markings should be destroyed.
Impersonation patent marking and difficult separation of products, products should be destroyed or taken other measures; Impersonation patent marking and products could be separated in order to eliminate piracy markings.
These two patent administrative organs can be entrusted to the relevant departments for the cost of a patent impersonation of a unit or individual to bear.
Article 27.
Parties should be received from the patent impersonation acts penalty decisions as of the date 15 days to a designated bank to pay the fine; Due to the non-payment of a fine, fine day by the amount of 3% plus a fine, or under the law, to be sealed or selling goods to be auctioned to pay a fine.
Article 28
Penalties units or individuals to patent management organization made the bogus patent acts of punishment against the decision, the penalty effective date within three months file lawsuits.
Article 29.
During the proceedings, the decision does not stop the implementation of punishment. But one of the following situations, the decision to stop the implementation of penalties :
One, the patent management organization considers necessary to stop the implementation;
Two, the people's court ruling to stop implementation;
3, the law requires the cessation of implementation.
Article 30.
Penalties units or individuals overdue to the people's court, the punishment does not fulfill the decision of the patent administration organizations can apply for the enforcement of the people's court.
31
Parties to the same bogus patents, patent administration organizations shall not be granted for more than two administrative penalty of a fine.
Article 32.
Patent authorities found that the unit or individual punishment wrong, and should be corrected.
Article 33.
Patent management functionaries who should enforce the law, not abuse of power are corrupt, take bribes, illegally were given administrative punishment; Serious cases constitute a crime, by the judicial authorities for criminal prosecution.
Article 34
Patent authorities exercising authority, without unlawful interference. Resisting or obstructing patent agency personnel performing duties according to law, the public security organs in accordance with the "People's Republic of China Security Administration Punishment Ordinance" shall be punished, serious cases constitute a crime, by the judicial authorities for criminal prosecution.
Fifth Chapter
35
Patent authorities investigate the acts of piracy should be used when formulating the State Intellectual Property Office of the relevant legal instruments and archived.
36
This provision by the State Intellectual Property Office is responsible for the explanation.
Article 37
The regulations on February 1, 1999 has come into effect.
